Charles Deshon Toney
A county detective said he was bit, kicked and spit on during a controversial arrest of an aspiring rapper on Dec. 3.
District Attorney Neal Pinkston, after reviewing video taken by a neighbor on Donaldson Road of the Dec. 3 incident, has referred the investigation to the U.S. Justice Department.
Detective Blake Kilpatrick, who has since been placed on desk duty, said he and other task force officers were at the residence of 25-year-old Charles Deshon Toney to serve felony warrants.
He said Toney was standing out front with another person and appeared to be smoking marijuana. He said Toney tossed the item he was smoking and it was not found.
The detective said Toney "was extremely uncooperative" as officers attempted to arrest him.
Detective Kilpatrick said, "Charles was given several commands to remove his hand from under his body, but he refused all commands given. I gave fist strikes to his back area and forcefully removed his hand to his back. Charles was then placed into handcuffs.
"While attempting to pat down Charles for weapons and narcotics, he continued to resist. Although Charles was handcuffed behind, he was able to maneuver his hands to his pockets.
"Charles continued to rise up off the hood of the vehicle as I attempted to pat him down. He also continued to reach in his pockets. Several commands were given to Charles to stop.
"Charles reached into his pocket again so I took Charles to the ground for safety. Charles would not roll over to his stomach and continued to resist. Charles advised to stand him up (because) he couldn't breathe. Charles was stood up and again I attempted to pat Charles down. I felt something in Charles' hip pocket that could have been a weapon and, as I was reaching for it, again Charles began to resist and pull away. He started reaching for that pocket so again I took Charles to the ground.
"While on the ground in an attempt to gain control of Charles he bit my finger. Other officers were attempting to help gain control of Charles, but he continued to resist and not comply with orders being given.
"I gave front kicks and edge fist strikes during the altercation to retrieve control of Charles. Charles continued to resist and kicked me during the altercation.
"Once we were able to get Charles on his feet and (were) taking him to the patrol unit he was still resisting. Charles bent toward me and spit in my face. I then delivered a fist strike to stop him from further assaulting me."
Detective Kilpatrick said Toney was seen by the jail nurse "and the nurse advised he was fine."
Toney was charged with resisting arrest, tampering with evidence and assault.
Click here for the video.